"Mr. Snipes is not in custody and at this point we have not received a self-surrender date or facility," defense attorney Daniel Meachum said. "However, we are working hard so that there is never a surrender date or facility for Mr. Snipes to report to other than his house or any other place that he chooses to visit."

Just not the big house.

"In other words we as his lawyers are concentrating more on freeing Mr. Snipes than we are the facility of incarceration," the attorney said. "If it comes to that we will deal with it at that time."

Snipes, 48, was found guilty in 2008 on three misdemeanor tax-dodging charges. He's been appealing ever since with little luck.

Until his surrender date is set, the faded action star continues to work. The fate of his most recently completed film, the horror Western Gallowwalker, remains unknown and next up is the comedy Master Daddy.

Let's just hope it's not another Fugitive sequel for the U.S. Marshals star.